Final Priority; National Institute on Disability and Rehabilitation Research-Disability and Rehabilitation Research Projects and Centers Program-Rehabilitation Engineering Research Centers, 22780-22782 [2013-09079]
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22780
Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
(d) Enforcement Date. This rule will
be enforced on Wednesday, April 24,
2013, from 8:00 p.m. until 10:00 p.m.
Dated: April 5, 2013.
D.M. Flaherty,
Captain, U.S. Coast Guard, Acting, Captain
of the Port San Juan.
[FR Doc. 2013–09027 Filed 4–16–13; 8:45 am]
BILLING CODE 9110–04–P
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
DEPARTMENT OF EDUCATION
2. Add § 165.T07–0086 to read as
follows:
Final Priority; National Institute on
Disability and Rehabilitation
Research—Disability and
Rehabilitation Research Projects and
Centers Program—Rehabilitation
Engineering Research Centers
■
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§ 165.T07–0086 Special Local Regulation;
Corp. Event Finale UHC, St. Thomas
Harbor; St. Thomas, U. S. Virgin Islands.
(a) Regulated Area. The following
regulated area is established as a safety
zone: All waters within an 800 foot
radius of 18°18.205 N, 64°55.556 W. All
coordinates are North American Datum
1983. Persons and vessels are prohibited
from entering, transiting through,
anchoring in, or remaining within the
safety zone unless authorized by the
Captain of the Port San Juan.
(b) Definition. The term ‘‘designated
representative’’ means U.S. Coast Guard
Patrol Commanders, including U.S.
Coast Guard coxswains, petty officers,
and other officers operating U.S. Coast
Guard vessels, and Federal, state, and
local officers designated by or assisting
the Captain of the Port San Juan in the
enforcement of the regulated areas.
(c) Regulations.
(1) All persons and vessels are
prohibited from entering, transiting
through, anchoring in, or remaining
within the safety zone, unless
authorized by the Captain of the Port
San Juan or those participating in the
firework display.
(2) Persons and vessels may request
authorization to enter, transit through,
anchor in, or remain within the
regulated area by contacting the Captain
of the Port San Juan by telephone at
(787) 289–2041, or a designated
representative via VHF radio on channel
16. If authorization is granted by the
Captain of the Port San Juan or a
designated representative, all persons
and vessels receiving such authorization
must comply with the instructions of
the Captain of the Port San Juan or a
designated representative.
(3) The U.S. Coast Guard will provide
notice of the safety zone by Local Notice
to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
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34 CFR Chapter III
[CFDA Number: 84.133E–1]
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Final priority.
AGENCY:
The Assistant Secretary for
Special Education and Rehabilitative
Services announces a priority for a
Rehabilitation Engineering Research
Center (RERC) on Hearing Enhancement
under the Disability and Rehabilitation
Research Projects and Centers program
administered by the National Institute
on Disability and Rehabilitation
Research (NIDRR). The Assistant
Secretary may use this priority for a
competition in fiscal year (FY) 2013 and
later years. We take this action to focus
research attention on areas of national
need. We intend to use this priority to
improve outcomes for individuals with
disabilities.
DATES: Effective Date: This priority is
effective May 17, 2013.
FOR FURTHER INFORMATION CONTACT:
Marlene Spencer, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 5133, Potomac Center Plaza
(PCP), Washington, DC 20202–2700.
Telephone: (202) 245–7532 or by email:
marlene.spencer@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION: This
notice of final priority is in concert with
NIDRR’s currently approved Long-Range
Plan (Plan). The Plan, which was
published in the Federal Register on
April 4, 2013 (78 FR 20299), can be
accessed on the Internet at the following
site: www.ed.gov/about/offices/list/
osers/nidrr/policy.html.
SUMMARY:
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Through the implementation of the
Plan, NIDRR seeks to improve the health
and functioning, employment and
community living and participation of
individuals with disabilities through
comprehensive programs of research,
engineering, training, technical
assistance, and knowledge translation
and dissemination. The Plan reflects
NIDRR’s commitment to quality,
relevance and balance in its programs to
ensure appropriate attention to all
aspects of well-being of individuals
with disabilities and to all types and
degrees of disability, including
individuals with low incidence and
severe disability. This notice announces
a priority that NIDRR intends to use for
an RERC competition in FY 2013 and
possibly later years. However, nothing
precludes NIDRR from publishing
additional priorities, if needed.
Furthermore, NIDRR is under no
obligation to make an award for this
priority. The decision to make an award
will be based on the quality of
applications received and available
funding.
Purpose of Program: The purpose of
the Disability and Rehabilitation
Research Projects and Centers Program
is to plan and conduct research,
demonstration projects, training, and
related activities, including
international activities, to develop
methods, procedures, and rehabilitation
technologies that maximize the full
inclusion and integration of individuals
with disabilities into society, and
support the employment, independent
living, family support, and economic
and social self-sufficiency of individuals
with disabilities, especially individuals
with the most severe disabilities; and to
improve the effectiveness of services
authorized under the Rehabilitation Act
of 1973, as amended (Rehabilitation
Act).
Rehabilitation Engineering Research
Centers (RERCs) Program The purpose
of NIDRR’s RERCs program, which is
funded through the Disability and
Rehabilitation Research Projects and
Centers Program, is to improve the
effectiveness of services authorized
under the Rehabilitation Act. It does so
by conducting advanced engineering
research, developing and evaluating
innovative technologies, facilitating
service delivery system changes,
stimulating the production and
distribution of new technologies and
equipment in the private sector, and
providing training opportunities. RERCs
seek to solve rehabilitation problems
and remove environmental barriers to
improvements in employment,
community living and participation,
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and health and function outcomes of
individuals with disabilities.
The general requirements for RERCs
are set out in subpart D of 34 CFR part
350 (What Rehabilitation Engineering
Research Centers Does the Secretary
Assist?).
Additional information on the RERCs
program can be found at: www.ed.gov/
rschstat/research/pubs/.
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Program Authority: 29 U.S.C. 762(g) and
764(b)(3).
Applicable Program Regulations: 34
CFR part 350.
We published a notice of proposed
priority (NPP) for this program in the
Federal Register on January 17, 2013
(78 FR 3864). That notice contained
background information and our reasons
for proposing the priority.
Public Comment: In response to our
invitation in the NPP, we did not
receive any comments on the proposed
priority.
Final Priority:
Hearing Enhancement.
The Assistant Secretary for Special
Education and Rehabilitative Services
establishes a priority for a Rehabilitation
Engineering Research Center (RERC) on
Hearing Enhancement. The RERC must
focus on innovative technological
solutions, new knowledge, and concepts
that will improve the lives of
individuals with disabilities.
Under this priority, the RERC must
research, develop, and evaluate
technologies, methods, and systems that
will improve the accessibility, usability,
and performance of hearing
enhancement technologies (e.g., hearing
aids, ear molds, assistive listening
devices, and implants) for people with
hearing loss, including but not limited
to people with untreated hearing loss.
This includes: (a) Addressing
technological factors that prevent or
reduce adoption of and benefit from
hearing enhancement devices (e.g.,
hearing aid and implant design features,
ear mold fit and comfort, and assistive
listening devices and technologies for
group settings); (b) improving the
compatibility of hearing enhancement
technologies with technologies such as
cell phones, mobile devices, television,
and the Internet; (c) improving the
performance of hearing enhancement
devices in social environments (e.g.,
school, work, recreation, and
entertainment); and (d) enhancing aural
rehabilitation and consumer
involvement strategies (e.g., online
access to peer and expert input on
hearing technologies and
communication strategies; consumer
focus groups and surveys; and consumer
beta testing and review of products) to
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Jkt 229001
maximize hearing enhancement in reallife settings. The RERC must involve key
stakeholders (including but not limited
to people with hearing loss) in the
design and implementation of RERC
activities.
Requirements applicable to all RERC
priorities:
The RERC must be designed to
contribute to the following outcomes:
(1) Increased technical and scientific
knowledge relevant to its designated
priority research area. The RERC must
contribute to this outcome by
conducting high-quality, rigorous
research and development projects.
(2) Increased innovation in
technologies, products, environments,
performance guidelines, and monitoring
and assessment tools applicable to its
designated priority research area. The
RERC must contribute to this outcome
through the development and testing of
these innovations.
(3) Improved research capacity in its
designated priority research area. The
RERC must contribute to this outcome
by collaborating with the relevant
industry, professional associations,
institutions of higher education, health
care providers, or educators, as
appropriate.
(4) Improved usability and
accessibility of products and
environments in the RERC’s designated
priority research area. The RERC must
contribute to this outcome by
emphasizing the principles of universal
design in its product research and
development. For purposes of this
section, the term ‘‘universal design’’
refers to the design of products and
environments to be usable by all people,
to the greatest extent possible, without
the need for adaptation or specialized
design.
(5) Improved awareness and
understanding of cutting-edge
developments in technologies within its
designated priority research area. The
RERC must contribute to this outcome
by identifying and communicating with
relevant stakeholders, including NIDRR;
individuals with disabilities and their
representatives; disability organizations;
service providers; editors of professional
journals; manufacturers; and other
interested parties regarding trends and
evolving product concepts related to its
designated priority research area.
(6) Increased impact of research in the
designated priority research area. The
RERC must contribute to this outcome
by providing technical assistance to
relevant public and private
organizations, individuals with
disabilities, employers, and schools on
policies, guidelines, and standards
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22781
related to its designated priority
research area.
(7) Increased transfer of RERCdeveloped technologies to the
marketplace. The RERC must contribute
to this outcome by developing and
implementing a plan for ensuring that
all technologies developed by the RERC
are made available to the public. The
technology transfer plan must be
developed in the first year of the project
period in consultation with the NIDRRfunded Disability Rehabilitation
Research Project, Center on Knowledge
Translation for Technology Transfer.
In addition, the RERC must—
• Have the capability to design, build,
and test prototype devices and assist in
the technology transfer and knowledge
translation of successful solutions to
relevant production and service delivery
settings;
• Evaluate the efficacy and safety of
its new products, instrumentation, or
assistive devices;
• Provide as part of its proposal, and
then implement, a plan that describes
how it will include, as appropriate,
individuals with disabilities or their
representatives in all phases of its
activities, including research,
development, training, dissemination,
and evaluation;
• Provide as part of its proposal, and
then implement, a plan to disseminate
its research results to individuals with
disabilities and their representatives;
disability organizations; service
providers; professional journals;
manufacturers; and other interested
parties. In meeting this requirement,
each RERC may use a variety of
mechanisms to disseminate information,
including state-of-the-science
conferences, webinars, Web sites, and
other dissemination methods; and
• Coordinate research projects of
mutual interest with relevant NIDRRfunded projects, as identified through
consultation with the NIDRR project
officer.
Types of Priorities:
When inviting applications for a
competition using one or more
priorities, we designate the type of each
priority as absolute, competitive
preference, or invitational through a
notice in the Federal Register. The
effect of each type of priority follows:
Absolute priority: Under an absolute
priority, we consider only applications
that meet the priority (34 CFR
75.105(c)(3)).
Competitive preference priority:
Under a competitive preference priority,
we give competitive preference to an
application by (1) awarding additional
points, depending on the extent to
which the application meets the priority
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Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations
(34 CFR 75.105(c)(2)(i)); or (2) selecting
an application that meets the priority
over an application of comparable merit
that does not meet the priority (34 CFR
75.105(c)(2)(ii)).
Invitational priority: Under an
invitational priority, we are particularly
interested in applications that meet the
priority. However, we do not give an
application that meets the priority a
preference over other applications (34
CFR 75.105(c)(1)).
This notice does not preclude us from
proposing additional priorities,
requirements, definitions, or selection
criteria, subject to meeting applicable
rulemaking requirements.
Note: This notice does not solicit
applications. In any year in which we choose
to use this priority, we invite applications
through a notice in the Federal Register.
Executive Orders 12866 and 13563
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Regulatory Impact Analysis
Under Executive Order 12866, the
Secretary must determine whether this
regulatory action is ‘‘significant’’ and,
therefore, subject to the requirements of
the Executive order and subject to
review by the Office of Management and
Budget (OMB). Section 3(f) of Executive
Order 12866 defines a ‘‘significant
regulatory action’’ as an action likely to
result in a rule that may—
(1) Have an annual effect on the
economy of $100 million or more, or
adversely affect a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities in a material way (also
referred to as an ‘‘economically
significant’’ rule);
(2) Create serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impacts of entitlement grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
stated in the Executive order.
This final regulatory action is not a
significant regulatory action subject to
review by OMB under section 3(f) of
Executive Order 12866.
We have also reviewed this regulatory
action under Executive Order 13563,
which supplements and explicitly
reaffirms the principles, structures, and
definitions governing regulatory review
established in Executive Order 12866.
To the extent permitted by law,
Executive Order 13563 requires that an
agency—
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(1) Propose or adopt regulations only
upon a reasoned determination that
their benefits justify their costs
(recognizing that some benefits and
costs are difficult to quantify);
(2) Tailor its regulations to impose the
least burden on society, consistent with
obtaining regulatory objectives and
taking into account—among other things
and to the extent practicable—the costs
of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
We are issuing this final priority only
upon a reasoned determination that its
benefits justify its costs. In choosing
among alternative regulatory
approaches, we selected those
approaches that maximize net benefits.
Based on the analysis that follows, the
Department believes that this proposed
priority is consistent with the principles
in Executive Order 13563.
We also have determined that this
regulatory action does not unduly
interfere with State, local, and tribal
governments in the exercise of their
governmental functions.
In accordance with both Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. The potential costs
are those resulting from statutory
requirements and those we have
determined as necessary for
administering the Department’s
programs and activities.
The benefits of the Disability and
Rehabilitation Research Projects and
Centers Programs have been well
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established over the years, as projects
similar to the one envisioned by the
final priority have been completed
successfully. Establishing new RERCs
based on the final priority will generate
new knowledge through research and
development and improve the lives of
individuals with disabilities. The new
RERCs will generate, disseminate, and
promote the use of new information that
will improve the options for individuals
with disabilities to fully participate in
their communities.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) by
contacting the Grants and Contracts
Services Team, U.S. Department of
Education, 400 Maryland Avenue SW.,
room 5075, PCP, Washington, DC
20202–2550. Telephone: (202) 245–
7363. If you use a TDD or TTY, call the
FRS, toll free, at 1–800–877–8339.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. Free Internet access to the
official edition of the Federal Register
and the Code of Federal Regulations is
available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you
can view this document, as well as all
other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF). To use PDF you must
have Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: April 12, 2013.
Michael K. Yudin,
Delegated the authority to perform the
functions and duties of the Assistant
Secretary for Special Education and
Rehabilitative Services.
[FR Doc. 2013–09079 Filed 4–16–13; 8:45 am]
BILLING CODE 4000–01–P
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Agencies
[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Rules and Regulations]
[Pages 22780-22782]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09079]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[CFDA Number: 84.133E-1]
Final Priority; National Institute on Disability and
Rehabilitation Research--Disability and Rehabilitation Research
Projects and Centers Program--Rehabilitation Engineering Research
Centers
AGENCY: Office of Special Education and Rehabilitative Services,
Department of Education.
ACTION: Final priority.
-----------------------------------------------------------------------
SUMMARY: The Assistant Secretary for Special Education and
Rehabilitative Services announces a priority for a Rehabilitation
Engineering Research Center (RERC) on Hearing Enhancement under the
Disability and Rehabilitation Research Projects and Centers program
administered by the National Institute on Disability and Rehabilitation
Research (NIDRR). The Assistant Secretary may use this priority for a
competition in fiscal year (FY) 2013 and later years. We take this
action to focus research attention on areas of national need. We intend
to use this priority to improve outcomes for individuals with
disabilities.
DATES: Effective Date: This priority is effective May 17, 2013.
FOR FURTHER INFORMATION CONTACT: Marlene Spencer, U.S. Department of
Education, 400 Maryland Avenue SW., Room 5133, Potomac Center Plaza
(PCP), Washington, DC 20202-2700. Telephone: (202) 245-7532 or by
email: marlene.spencer@ed.gov.
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION: This notice of final priority is in concert
with NIDRR's currently approved Long-Range Plan (Plan). The Plan, which
was published in the Federal Register on April 4, 2013 (78 FR 20299),
can be accessed on the Internet at the following site: www.ed.gov/about/offices/list/osers/nidrr/policy.html.
Through the implementation of the Plan, NIDRR seeks to improve the
health and functioning, employment and community living and
participation of individuals with disabilities through comprehensive
programs of research, engineering, training, technical assistance, and
knowledge translation and dissemination. The Plan reflects NIDRR's
commitment to quality, relevance and balance in its programs to ensure
appropriate attention to all aspects of well-being of individuals with
disabilities and to all types and degrees of disability, including
individuals with low incidence and severe disability. This notice
announces a priority that NIDRR intends to use for an RERC competition
in FY 2013 and possibly later years. However, nothing precludes NIDRR
from publishing additional priorities, if needed. Furthermore, NIDRR is
under no obligation to make an award for this priority. The decision to
make an award will be based on the quality of applications received and
available funding.
Purpose of Program: The purpose of the Disability and
Rehabilitation Research Projects and Centers Program is to plan and
conduct research, demonstration projects, training, and related
activities, including international activities, to develop methods,
procedures, and rehabilitation technologies that maximize the full
inclusion and integration of individuals with disabilities into
society, and support the employment, independent living, family
support, and economic and social self-sufficiency of individuals with
disabilities, especially individuals with the most severe disabilities;
and to improve the effectiveness of services authorized under the
Rehabilitation Act of 1973, as amended (Rehabilitation Act).
Rehabilitation Engineering Research Centers (RERCs) Program The
purpose of NIDRR's RERCs program, which is funded through the
Disability and Rehabilitation Research Projects and Centers Program, is
to improve the effectiveness of services authorized under the
Rehabilitation Act. It does so by conducting advanced engineering
research, developing and evaluating innovative technologies,
facilitating service delivery system changes, stimulating the
production and distribution of new technologies and equipment in the
private sector, and providing training opportunities. RERCs seek to
solve rehabilitation problems and remove environmental barriers to
improvements in employment, community living and participation,
[[Page 22781]]
and health and function outcomes of individuals with disabilities.
The general requirements for RERCs are set out in subpart D of 34
CFR part 350 (What Rehabilitation Engineering Research Centers Does the
Secretary Assist?).
Additional information on the RERCs program can be found at:
www.ed.gov/rschstat/research/pubs/.
Program Authority: 29 U.S.C. 762(g) and 764(b)(3).
Applicable Program Regulations: 34 CFR part 350.
We published a notice of proposed priority (NPP) for this program
in the Federal Register on January 17, 2013 (78 FR 3864). That notice
contained background information and our reasons for proposing the
priority.
Public Comment: In response to our invitation in the NPP, we did
not receive any comments on the proposed priority.
Final Priority:
Hearing Enhancement.
The Assistant Secretary for Special Education and Rehabilitative
Services establishes a priority for a Rehabilitation Engineering
Research Center (RERC) on Hearing Enhancement. The RERC must focus on
innovative technological solutions, new knowledge, and concepts that
will improve the lives of individuals with disabilities.
Under this priority, the RERC must research, develop, and evaluate
technologies, methods, and systems that will improve the accessibility,
usability, and performance of hearing enhancement technologies (e.g.,
hearing aids, ear molds, assistive listening devices, and implants) for
people with hearing loss, including but not limited to people with
untreated hearing loss. This includes: (a) Addressing technological
factors that prevent or reduce adoption of and benefit from hearing
enhancement devices (e.g., hearing aid and implant design features, ear
mold fit and comfort, and assistive listening devices and technologies
for group settings); (b) improving the compatibility of hearing
enhancement technologies with technologies such as cell phones, mobile
devices, television, and the Internet; (c) improving the performance of
hearing enhancement devices in social environments (e.g., school, work,
recreation, and entertainment); and (d) enhancing aural rehabilitation
and consumer involvement strategies (e.g., online access to peer and
expert input on hearing technologies and communication strategies;
consumer focus groups and surveys; and consumer beta testing and review
of products) to maximize hearing enhancement in real-life settings. The
RERC must involve key stakeholders (including but not limited to people
with hearing loss) in the design and implementation of RERC activities.
Requirements applicable to all RERC priorities:
The RERC must be designed to contribute to the following outcomes:
(1) Increased technical and scientific knowledge relevant to its
designated priority research area. The RERC must contribute to this
outcome by conducting high-quality, rigorous research and development
projects.
(2) Increased innovation in technologies, products, environments,
performance guidelines, and monitoring and assessment tools applicable
to its designated priority research area. The RERC must contribute to
this outcome through the development and testing of these innovations.
(3) Improved research capacity in its designated priority research
area. The RERC must contribute to this outcome by collaborating with
the relevant industry, professional associations, institutions of
higher education, health care providers, or educators, as appropriate.
(4) Improved usability and accessibility of products and
environments in the RERC's designated priority research area. The RERC
must contribute to this outcome by emphasizing the principles of
universal design in its product research and development. For purposes
of this section, the term ``universal design'' refers to the design of
products and environments to be usable by all people, to the greatest
extent possible, without the need for adaptation or specialized design.
(5) Improved awareness and understanding of cutting-edge
developments in technologies within its designated priority research
area. The RERC must contribute to this outcome by identifying and
communicating with relevant stakeholders, including NIDRR; individuals
with disabilities and their representatives; disability organizations;
service providers; editors of professional journals; manufacturers; and
other interested parties regarding trends and evolving product concepts
related to its designated priority research area.
(6) Increased impact of research in the designated priority
research area. The RERC must contribute to this outcome by providing
technical assistance to relevant public and private organizations,
individuals with disabilities, employers, and schools on policies,
guidelines, and standards related to its designated priority research
area.
(7) Increased transfer of RERC-developed technologies to the
marketplace. The RERC must contribute to this outcome by developing and
implementing a plan for ensuring that all technologies developed by the
RERC are made available to the public. The technology transfer plan
must be developed in the first year of the project period in
consultation with the NIDRR-funded Disability Rehabilitation Research
Project, Center on Knowledge Translation for Technology Transfer.
In addition, the RERC must--
Have the capability to design, build, and test prototype
devices and assist in the technology transfer and knowledge translation
of successful solutions to relevant production and service delivery
settings;
Evaluate the efficacy and safety of its new products,
instrumentation, or assistive devices;
Provide as part of its proposal, and then implement, a
plan that describes how it will include, as appropriate, individuals
with disabilities or their representatives in all phases of its
activities, including research, development, training, dissemination,
and evaluation;
Provide as part of its proposal, and then implement, a
plan to disseminate its research results to individuals with
disabilities and their representatives; disability organizations;
service providers; professional journals; manufacturers; and other
interested parties. In meeting this requirement, each RERC may use a
variety of mechanisms to disseminate information, including state-of-
the-science conferences, webinars, Web sites, and other dissemination
methods; and
Coordinate research projects of mutual interest with
relevant NIDRR-funded projects, as identified through consultation with
the NIDRR project officer.
Types of Priorities:
When inviting applications for a competition using one or more
priorities, we designate the type of each priority as absolute,
competitive preference, or invitational through a notice in the Federal
Register. The effect of each type of priority follows:
Absolute priority: Under an absolute priority, we consider only
applications that meet the priority (34 CFR 75.105(c)(3)).
Competitive preference priority: Under a competitive preference
priority, we give competitive preference to an application by (1)
awarding additional points, depending on the extent to which the
application meets the priority
[[Page 22782]]
(34 CFR 75.105(c)(2)(i)); or (2) selecting an application that meets
the priority over an application of comparable merit that does not meet
the priority (34 CFR 75.105(c)(2)(ii)).
Invitational priority: Under an invitational priority, we are
particularly interested in applications that meet the priority.
However, we do not give an application that meets the priority a
preference over other applications (34 CFR 75.105(c)(1)).
This notice does not preclude us from proposing additional
priorities, requirements, definitions, or selection criteria, subject
to meeting applicable rulemaking requirements.
Note: This notice does not solicit applications. In any year in
which we choose to use this priority, we invite applications through
a notice in the Federal Register.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, the Secretary must determine whether
this regulatory action is ``significant'' and, therefore, subject to
the requirements of the Executive order and subject to review by the
Office of Management and Budget (OMB). Section 3(f) of Executive Order
12866 defines a ``significant regulatory action'' as an action likely
to result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local, or
tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This final regulatory action is not a significant regulatory action
subject to review by OMB under section 3(f) of Executive Order 12866.
We have also reviewed this regulatory action under Executive Order
13563, which supplements and explicitly reaffirms the principles,
structures, and definitions governing regulatory review established in
Executive Order 12866. To the extent permitted by law, Executive Order
13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing this final priority only upon a reasoned
determination that its benefits justify its costs. In choosing among
alternative regulatory approaches, we selected those approaches that
maximize net benefits. Based on the analysis that follows, the
Department believes that this proposed priority is consistent with the
principles in Executive Order 13563.
We also have determined that this regulatory action does not unduly
interfere with State, local, and tribal governments in the exercise of
their governmental functions.
In accordance with both Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
The benefits of the Disability and Rehabilitation Research Projects
and Centers Programs have been well established over the years, as
projects similar to the one envisioned by the final priority have been
completed successfully. Establishing new RERCs based on the final
priority will generate new knowledge through research and development
and improve the lives of individuals with disabilities. The new RERCs
will generate, disseminate, and promote the use of new information that
will improve the options for individuals with disabilities to fully
participate in their communities.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) by contacting the Grants and Contracts
Services Team, U.S. Department of Education, 400 Maryland Avenue SW.,
room 5075, PCP, Washington, DC 20202-2550. Telephone: (202) 245-7363.
If you use a TDD or TTY, call the FRS, toll free, at 1-800-877-8339.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. Free
Internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you can view this document, as well
as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader, which is available free at the
site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: April 12, 2013.
Michael K. Yudin,
Delegated the authority to perform the functions and duties of the
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2013-09079 Filed 4-16-13; 8:45 am]
BILLING CODE 4000-01-P